[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Rules and Regulations]
[Pages 38909-38912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15480]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0188; Project Identifier MCAI-2020-00642-R; 
Amendment 39-21572; AD 2021-11-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, and AS 
365 N3 helicopters. This AD was prompted by a report that damage 
(scorch marks) was found on an internal life raft installation that 
contained a half rescue kit. This AD requires identifying the part 
number and serial number of each half rescue kit located in the 
internal life raft installation and, depending on the findings, 
inspecting the life raft for damage, inspecting the condition of the 
flashlight battery, testing the flashlight battery, and replacing the 
life raft or flashlight battery (including the leak test) as 
applicable, as specified in a European Aviation Safety Agency (now 
European Union Aviation Safety Agency) (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 27, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 27, 
2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#c8898cbb88ada9bba9e6adbdbaa7b8a9e6adbd"><span class="__cf_email__" data-cfemail="a9e8eddae9ccc8dac887ccdcdbc6d9c887ccdc">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu. For Zodiac Aerospace service information 
identified in this final rule, contact Safran Aerosystems--Plaisir, 61 
rue Pierre Curie CS20001, 78373 Plaisir Cedex, France; telephone (33) 1 
61 34 23 23; fax (33) 1 61 34 24 41; or at https://www.safran-aerosystems.com. You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call 817-222-5110. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-0188.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0188; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Program Manager, 
Large Aircraft Section, International Validation Branch, Compliance & 
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone and fax 206-231-3218; email 
<a href="/cdn-cgi/l/email-protection#d3b8b2a7bbbfb6b6bdfdb2a1a1bab4bca7a7ba93b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="caa1abbea2a6afafa4e4abb8b8a3ada5bebea38aacababe4ada5bc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2016-0028, dated February 15, 2016 
(EASA AD 2016-0028) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus Helicopters Model

[[Page 38910]]

SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Model SA-365N, 
SA-365N1, AS-365N2, and AS 365 N3 helicopters. The NPRM published in 
the Federal Register on March 23, 2021 (86 FR 15431). The NPRM was 
prompted by a report that damage (scorch marks) was found on an 
internal life raft installation that contained a half rescue kit. 
Investigation revealed that the damage was caused by an unsuitable 
folding process for the life raft, which led to compression of the 
flashlight battery in the half rescue kit. This compression caused an 
electrolyte leakage, followed by a short-circuit that damaged the 
internal life raft. The NPRM proposed to require identifying the part 
number and serial number of each half rescue kit located in the 
internal life raft installation and, depending on the findings, 
inspecting the life raft for damage, inspecting the condition of the 
flashlight battery, testing the flashlight battery, and replacing the 
life raft or flashlight battery (including the leak test) as 
applicable, as specified in an EASA AD.
    The FAA is issuing this AD to address leakage of the flashlight 
battery in a half rescue kit, which could result in damage to the 
internal life raft, and subsequent failure of the internal life raft to 
deploy (for example after a ditching), which could impede or prevent 
safe evacuation of the occupants from the helicopter. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Costs of Compliance Update

    The NPRM did not include the kit cost for the on-condition action 
specified in paragraph (2) of EASA AD 2016-0028. The FAA has received 
this cost data and has updated the costs of compliance accordingly.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor changes. In the NPRM, the FAA proposed to require 
actions specified in EASA AD 2016-0028 through incorporation by 
reference, except for certain differences. The FAA has obtained 
approval to use this process from certain manufacturers, including 
Airbus Helicopters; however, the FAA has not worked with Zodiac 
Aerospace (which has been merged into Safran Aerosystems) for approval 
of this process. EASA AD 2016-0028 specifies using Zodiac Aerospace 
Service Bulletin SB 025-64-13, Revision 0, dated November 23, 2015 (SB 
025-64-13 Rev 0) or Revision 1, dated January 19, 2016 (SB 025-64-13 
Rev 1), to accomplish a certain action. In light of this, an exception 
has been added into this final rule to directly use SB 025-64-13 Rev 0 
or SB 025-64-13 Rev 1, instead of using SB 025-64-13 Rev 0 or SB 025-
64-13 Rev 1 through incorporation by reference of EASA AD 2016-0028.
    The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2016-0028 specifies identifying the part number and serial 
number of each half rescue kit located in the internal life raft 
installation, inspecting the life raft for damage (scorch marks), 
inspecting the condition of the flashlight battery (including cracks, 
impacts, swelling, damage, distorted case, and the connecting wire), 
testing the flashlight battery (turning on the flashlight), and 
replacing the life raft or flashlight battery (including the leak 
test).
    The FAA reviewed SB 025-64-13 Rev 0, which specifies procedures to 
visually inspect the condition of the life raft and battery, and test 
the battery. The FAA also reviewed SB 025-64-13 Rev 1, which specifies 
the same procedures as SB 025-64-13 Rev 0, except SB 025-64-13 Rev 1 
corrects the serial numbers identified in the effectivity.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Differences Between This AD and the MCAI

    Although the service information referenced in EASA AD 2016-0028 
specifies to return damaged life rafts to the manufacturer, this AD 
does not include that requirement.
    Where EASA AD 2016-0028 refers to its effective date or to January 
7, 2016 (the effective date of EASA AD 2015-0242), this AD requires 
compliance within 3 months after the effective date of this AD.
    Although the service information referenced in EASA AD 2016-0028 
specifies that trained and authorized Zodiac Aerospace personnel must 
do the inspection of the half rescue kit, this AD does not require that 
Zodiac Aerospace personnel do the inspection.

Costs of Compliance

    The FAA estimates that this AD affects 30 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................          $3,000           $3,085          $92,550
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

[[Page 38911]]



                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
7.5 work-hours x $85 per hour = $637.50  Up to $78,154......................  Up to $78,791.50.
----------------------------------------------------------------------------------------------------------------

    According to Zodiac Aerospace, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-11-10 Airbus Helicopters: Amendment 39-21572; Docket No. FAA-
2021-0188; Project Identifier MCAI-2020-00642-R.

(a) Effective Date

    This airworthiness directive (AD) is effective August 27, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N, SA-365N1, 
AS-365N2, and AS 365 N3 helicopters, certificated in any category, 
as identified in European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2016-0028, dated February 15, 2016 
(EASA AD 2016-0028).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2564, Life Raft.

(e) Reason

    This AD was prompted by a report that damage (scorch marks) was 
found on an internal life raft installation that contained a half 
rescue kit. Investigation revealed that the damage was caused by an 
unsuitable folding process for the life raft, which led to 
compression of the flashlight battery in the half rescue kit. The 
FAA is issuing this AD to address leakage of the flashlight battery 
in a half rescue kit, which could result in damage to the internal 
life raft, and subsequent failure of the internal life raft to 
deploy (for example after a ditching), which could impede or prevent 
safe evacuation of the occupants from the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2016-0028.

(h) Exceptions to EASA AD 2016-0028

    (1) Where EASA AD 2016-0028 refers to its effective date or to 
January 7, 2016 (the effective date of EASA AD 2015-0242), this AD 
requires compliance within 3 months after the effective date of this 
AD.
    (2) The ``Remarks'' section of EASA AD 2016-0028 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2016-0028 specifies 
accomplishing corrective actions in accordance with the instructions 
of Zodiac Aerospace SB No. 025-64-13 referred to in paragraph 3.B of 
Airbus Helicopters ASB AS365-25.01.63, this AD requires using Zodiac 
Aerospace Service Bulletin SB 025-64-13, Revision 0, dated November 
23, 2015 or Revision 1, dated January 19, 2016.
    (4) Although the service information referenced in EASA AD 2016-
0028 specifies to return certain parts, this AD does not include 
that requirement.
    (5) Although the service information referenced in EASA AD 2016-
0028 specifies that trained and authorized Zodiac Aerospace 
personnel must do the inspection of the half rescue kit, this AD 
does not require that Zodiac Aerospace personnel do the inspection.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (j) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#794054382f2a5438302b544e4a49543834363a391f1818571e160f"><span class="__cf_email__" data-cfemail="9ea7b3dfc8cdb3dfd7ccb3a9adaeb3dfd3d1dddef8ffffb0f9f1e8">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Program Manager, Large Aircraft Section, International Validation 
Branch, Compliance & Airworthiness Division, FAA, 2200 South 216th 
St., Des Moines, WA 98198; telephone and fax (206) 231-3218; email 
<a href="/cdn-cgi/l/email-protection#f39892879b9f96969ddd9281819a949c87879ab3959292dd949c85"><span class="__cf_email__" data-cfemail="6d060c190501080803430c1f1f040a021919042d0b0c0c430a021b">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference

[[Page 38912]]

(IBR) of the service information listed in this paragraph under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2016-0028, dated 
February 15, 2016.
    (ii) Zodiac Aerospace Service Bulletin SB 025-64-13, Revision 0, 
dated November 23, 2015.
    (iii) Zodiac Aerospace Service Bulletin SB 025-64-13, Revision 
1, dated January 19, 2016.
    (3) For EASA AD 2016-0028, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#2465605764414557450a4151564b54450a4151"><span class="__cf_email__" data-cfemail="80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. For Zodiac 
Aerospace service information, contact Safran Aerosystems--Plaisir, 
61 rue Pierre Curie CS20001, 78373 Plaisir Cedex, France; telephone 
(33) 1 61 34 23 23; fax (33) 1 61 34 24 41; or at https://www.safran-aerosystems.com.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call 817-222-5110. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0188.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#fb9d9e9f899e9cd5979e9c9a97bb959a899ad59c948d"><span class="__cf_email__" data-cfemail="a0c6c5c4d2c5c78eccc5c7c1cce0cec1d2c18ec7cfd6">[email protected]</span></a>, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 10, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15480 Filed 7-22-21; 8:45 am]
BILLING CODE 4910-13-P


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